PRESIDING OFFICER: (SENATOR MUÑOZ) Regular Session of the 98th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Mary Alice Suter, Memorial Medical Center, Springfield, Illinois. Pastor.
(Prayer by Pastor Mary Alice Suter)
PRESIDING OFFICER: (SENATOR MUÑOZ) Thank you. Pledge of Allegiance, Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Wednesday, May 21st, 2014.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter.
Thank you, Mr. President. I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter moves -- to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Ezell Rainey, Bluestream.com {sic} (Blueroomstream.com), requests to videotape. There being no objection, leave granted. Mr. Secretary, Resolutions.
1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Senate Resolution 1217, offered by Senator Koehler and all Members. Senate Resolutions 1218 through 1223, offered by Senator Hunter and all Members. Senate Resolutions 1224 through 1227, offered by Senator McGuire and all Members. They are all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Resolutions Consent Calendar.
Senate Joint Resolution 78, offered by Senator McCann. And Senate Joint Resolution 79, offered by Senator Raoul. They are both substantive.
PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Committee Reports.
Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Amendment 1 to Senate Bill 352 Recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports Senate Amendment 3 and 5 to Senate Bill 16 and Senate Amendment 1 to Senate Bill 214 Recommend Do Adopt; Senate Joint Resolution Constitutional Amendment 75 Be Adopted; and Motions to -- Motion to Concur to House Amendment 1 to Senate Bill 2202 Recommend Do Adopt; House Bill 3798 Do Pass; House Bill 5812 Do Pass, as Amended; Senate Amendment 2 to House Bill 2494, Senate Amendment 2 to House Bill 4442, Senate Amendment 2 to House Bill 5622, Senate Amendment 1 to House Bill 5674 and Senate Amendment 3 to House Bill 5701 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR MUÑOZ) 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Mr. Secretary, Messages from the House.
Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2636. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 2 to Senate Bill 2636. We have received like Messages on Senate Bill 3267, with House Amendment 2; Senate Bill 3288, with House Amendment 1; Senate Bill 3294, with House Amendment 1; Senate Bill 3314, with House Amendment 1; Senate Bill 3409, with House Amendment 2. Passed the House, as amended, May 21st, 2014. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 5889. Passed the House, May 21st, 2014. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 concurrence of the Senate, to wit: House Joint Resolution 96. Offered by President Cullerton, and adopted by the House, May 21st, 2014. Timothy D. Mapes, Clerk of the House. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, House Bills 1st Reading. If all Senators will come to the Floor, we'll be going to 3rd Readings right after.
House Bill 5889. (Secretary reads title of bill) Offered by Senator McGuire. 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bush, for what purpose do you seek recognition?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
Thank you so much. I'd just like to -- to welcome some people from Lake County. They were here yesterday advocating and they're here again today. They're up right behind us. They're from the Lake County Center for Independent Learning {sic} (Living). Many -- they're -- live throughout Lake County. They're kind of filling this whole area. And if you will allow me a special shout out to Mark. Over there. Mark, can you raise your hand? Mark is in my -- in my district. And I just want to welcome them here today, and if you would please welcome them to the Senate.
PRESIDING OFFICER: (SENATOR MUÑOZ) 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Welcome to the Senate. Senator Manar, for what purpose do you seek recognition?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
Again, thank you, Mr. President. I would just like to rise and welcome the students that have gathered behind the Podium in the President's Gallery from Washington Middle School and their teacher, Lisa Appenzeller. These students just completed their Constitution test and they're here in the Capitol today to watch the Senate do its business. Again, I would just like to rise and welcome them to the Senate today. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to the Senate. Senator Hastings, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
So, I have the great pleasure of introducing a special lady in Springfield today. She runs my office in my district. I've known her since the seventh grade, so she knows me very well and I know her very well. And I hope she never leaves, because if she tells the stories, I'm in a lot of trouble. So I just wanted to give her a warm Springfield welcome, to Danielle LeMonnier from 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Tinley Park, Illinois.
PRESIDING OFFICER: (SENATOR MUÑOZ) Danielle, welcome to the Senate. Senators, please come to the Senate Floor, so we can start on 3rd Readings. Please come to the Senate Floor. Senator Connelly, for what purpose do you seek recognition?
Thank you, Mr. President. For purposes of an introduction.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Thank you, Mr. President, Members of the Senate. I'm pleased to introduce my Page for today, Donovan Rowsey. Donovan is from Naperville. He's in the Kelley School of Business at Indiana University, where he majors in finance, economic consulting and public policy analysis, with a minor in political science and economics. Donovan's a member of the business fraternity Delta Sigma Pi and he's a former employee at Oberweis Dairy, for Senator Oberweis. Hey, take it easy over there. His future plans include -- internships in financial and government consulting and studying abroad in Denmark. Please welcome my Page for a Day, Donovan Rowsey.
PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate. Senator Silverstein, for what purpose do you seek recognition?
For the purpose of an -- a recognition.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator. 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
Thank you, Mr. President. On the Republican side, there's - - I want to recognize a school that both -- two of my girls went to, Akiba-Schechter Hebrew {sic} (Jewish) Day School. I'd wish you -- I wish them -- if they could be recognized before the Illinois Senate.
PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to the Senate. Senator LaHood, for what purpose do you seek recognition? SENATOR LaHOOD: Thank you, Mr. President. I have a point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator. SENATOR LaHOOD: Thank you. I have an introduction today for my Page for the Day, who is Mr. Ryan Harding. Ryan lives in Trivoli, which is outside of Peoria. He's the son of Darren and Julie Harding. Ryan has been interning for me this -- this year and he's a volunteer firefighter. He enjoys writing for his small town newspaper and for the Farm Bureau. His interests include politics, law, and farming. He's a graduate of SIUE and he'll be attending law school this fall at the University of Illinois. I'd like everyone to give Ryan a warm Springfield welcome. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Thank you for your service as a firefighter. Congratulations. Welcome to the Senate. Senator Delgado, for what purpose do you seek recognition?
7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Thank you, Mr. President. Personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Mr. President, Members of the Senate, I -- I rise in great honor and happiness and, wow, a long road that Mr. Jim Duffett, who is Executive Director for the Campaign for Better Health Care. Once upon a time, when this Senator was in the House of Representatives and I was the Chairman of Human Services and -- and now President Barack Obama was a Senator here, and I believe the Chair of Public Health and Human Services, and Mr. Duffett brought us together with then Paul Simon, our great Senator of the State of Illinois, and we were concerned about getting health care for all. Mr. Duffett empowered us, bringing us legislation to allow us to carry that message now to the entire United States of America, the American -- through the Affordable Care Act - as we know here, Universal Health Care. It's my honor and privilege, Mr. President, as Mr. Jim Duffett is now retiring from the State of Illinois. As his beautiful wife, Leslie, who has joined me here on the Floor, along with Zachary, who was a gleam in their eye once upon a time, and together, joining with Senator Koehler, who became our Senator once upon a time, who led this entire movement out in Illinois, and I join Senator Koehler in proclaiming a day for Mr. Jim Duffett, who's up in the gallery. If you'll stand for recognition. And please join in a warm round of applause for one person who stand {sic} out and made a difference. Some people make history and some people really make a difference. Jim Duffett, thank you for all that you've done and helped me in my career bringing affordable care to all Illinoisans. Thank you. 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Please join us.
PRESIDING OFFICER: (SENATOR MUÑOZ) Guest in the gallery please rise. Welcome to the Senate. We will start off on the middle of page 12 in the Calendar. House Bill 5348. Again, Ladies and Gentlemen, this is 3rd Reading, final action. Senator Morrison. Out of the record. House Bill 5354. Senator Trotter. Out of the record. House Bill 5393. Senator Bush. Indicates she wishes to proceed. Mr. Secretary, read the bill.
House Bill 5393. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bush.
Thank you, Mr. President. This is merely just some cleaning up of language. I know of no opposition and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5393 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5393, having received the required constitutional majority, is declared passed. House Bill 5410. Senator Mulroe. Indicates he wishes to proceed. Senator Mulroe seeks leave of the Body to return House Bill 5410 to the 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5410. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Mulroe.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. I'd move for the adoption of the amendment. I'd be happy to explain it on 3rd.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Mr. Secretary, read the bill.
House Bill 5410. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. This bill is an initiative of the Department of Public Health. It amends the Lead Poisoning Prevention Act to address inconsistencies with 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 federal regulations, to eliminate obsolete and inconsistent language, and to give ID -- IDPH additional powers to address lead poisoning in the State. It also changes the target population under the Lead Poisoning Prevention Act from seven and -- and under to six and under. It also adds a new section to the Lead Poisoning Prevention Act to deal with violations under the Act and enforcement of the Act. And there will be a -- for a violation, a per-day civil penalty of five thousand dollars will be imposed and that is required by USEPA, so that'll be added to the bill as well.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: A brief question.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield. SENATOR McCARTER: Senator, I -- I just noticed from the analysis -- I haven't had a chance to look at this, but are the -- the Realtors opposed? Are they -- actually, are the Realtors in favor of this bill?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
Senator McCarter, they are actually neutral. They are not opposed, but they aren't -- aren't indicating as proponents. So, neutral.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 SENATOR McCARTER: Okay, they're -- thank you. What -- what were their concerns that caused them to not be in favor of this bill?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
I don't know specifically. They've never actually indicated one way or the other. They just slipped neutral. They never came…(microphone cutoff)…
PRESIDING OFFICER: (SENATOR MUÑOZ) Any -- there being no other questions, Senator Mulroe, to close.
I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 5410 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5410, having received the required constitutional majority, is declared passed. House Bill 5415. Senator Martinez. Indicates she wishes to proceed. Mr. Secretary, read the bill.
House Bill 5415. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Martinez. 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
Thank you, Mr. President, Members of the Senate. Yes, put it right there in the middle. Yes, we want to make sure everybody sees this. All right. The bill amends the Sex Offender Community Notification Law by providing that the State Police Internet page concerning missing sex offender include information that rewards may be, rather than are, available to persons who provide relevant information to the police. And I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5415 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5415, having received the required constitutional majority, is declared passed. Senator Brady, for what purpose do you seek recognition?
Personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
Yes, I'd like to introduce to the Chamber a gentleman who interns in my office, Ben Femminella. He's an Illinois State University senior - poli sci major and club. Wants to become a lawyer. He's also a constituent of Senator Mulroe. He's from Norridge, Illinois. If the Members of the General Assembly would please join me in welcoming him here today. 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate. House Bill 5416. Senator Barickman. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5416. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Barickman.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, House Bill 5416 increases the penalty to someone who fails to yield to the right-of-way of an emergency vehicle or police vehicle when using their audible and visually signals. This legislation stems from a very tragic event that occurred within my district where we lost a very respected community member and firefighter as the result of someone failing to pull over and yield to an emergency responder. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5416 -- bill pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 5416, having received the required constitutional majority, is declared passed. House Bill 5431. Senator Kotowski. Indicates he wishes to proceed. Mr. Secretary, read the bill.
14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 House Bill 5431. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Kotowski.
Good morning, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Good morning.
Thank you. Ladies and Gentlemen of the Senate, House Bill 5431 amends the Interscholastic Athletic Organization Act by requiring the IHSA to develop an online certification for high school coaching personnel and athletic directors on concussion awareness and the reduction of repetitive sub-concussive hits. This is endorsed by the Equip for Equality, Illinois High School Association, and the Chicago Bears football team. There are no opponents.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5431 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 5431, having received the required constitutional majority, is declared passed. Senator Althoff, for what purpose do you seek recognition?
Point of personal privilege, Mr. President. 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Thank you. Ladies and Gentlemen of the Senate, behind me in the gallery, most of them in the section that we have the beautiful railing depicted, are members of the Lake County Independent Living group, both staff members, as well as clients. They are down here to see government firsthand. And if we could give them a nice welcome, I'd truly appreciate it. Can you guys wave?
PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate. House Bill 5433. Senator Manar. Senator Manar. House Bill 5438. Senator Harmon. Senator Harmon. House Bill 5464. Senator McCann. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5464. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCann. SENATOR McCANN: Thank you, Mr. President. This is an initiative of the Department of Agriculture. It's -- this legislation is an attempt to streamline the licensing process for agricultural pesticide applicators. It's a -- it's an agreed bill, both sides, and I stand to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5464 pass. All those in favor 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, House Bill 5464 -- 56 Ayes, 0 Nays, 0 voting Present. House Bill 5464, having received the required constitutional majority, is declared passed. House Bill 5468. Senator McCarter. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5468. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: Ladies and Gentlemen, House Bill 5468 allows people with medical certificates - as an example, those that -- suffering from lupus - allowing for window tinting to renew the certificate every four years rather than annually. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5468 pass. All those in favor vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5468, having received the required constitutional majority, is declared passed. House Bill 5475. Senator Syverson. Out of the… House Bill 5488. Leader Radogno. Indicates she wishes to proceed. Mr. Secretary, read the bill. 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
House Bill 5488. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Leader Radogno.
Thank you, Mr. President. This bill requires HFS to electronically accept the current federal CMS CARE tool for long term acute care hospitals instead of HFS modified version of the form in order to avoid duplication. There is no opposition to the bill and I would ask for your support.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5488 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 5488, having received the required constitutional majority, is declared passed. House Bill 5491. Senator Biss. Out of the… House Bill 5503. Senator Connelly. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5503. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Connelly.
18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Thank you, Mr. President and Members of the Senate. House Bill 5503 amends the County {sic} (Counties) Code and requires auditors of a municipality or county's finances to provide a copy of the annual management (letter) and audited financial reports to each member of the county board or city council and provide a presentation of that letter to the local board. I'm aware of no opposition and urge an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Mulroe, for what purpose do you seek recognition?
Questions of the sponsor.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.
Senator Connelly, for purposes of legislative intent, can you tell us what is a management letter?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Connelly.
Audit standards require auditors to report significant deficiencies and material weaknesses in writing to those charged with governance of the organization. Auditors present these deficiencies and weaknesses in the management letter.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
Can you tell us who provides the county board with the audited financial statements? 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Connelly.
Again, as a part of the audit process, management physically distributes to the governing board as a whole with audit documents.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
Does this legislation require the auditor to present the audit to the entire county board?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Connelly.
Excellent question, Senator. No. The auditor could present the audit to the entire county board. Another option is for the auditor to present the audit to the county finance or audit committee. Presentation to either of these committees generally satisfies audit standards.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
One last question, Senator Connelly. Does this posting requirement include information of internal control weaknesses or deficiencies?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Connelly.
Thank you, again, Senator. No. Obviously, sensitive information of this nature would have to be redacted in order to 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 not open the floodgates of material weaknesses in a governmental organization's internal controls. And, again, I thank you for those questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) There being no further discussion, the question is, shall House Bill 5503 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5503, having received the required constitutional majority, is declared passed. House Bill 5504. Senator Link. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5504. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link.
Thank you, Mr. President. This bill amends the Illinois Highway Code, repealing a provision allowing the Director of State Police to request a designated sign in honor of an Illinois State Trooper who was killed in the line of duty. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5504 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5504, having received the required constitutional majority, is declared passed. House Bill 5512. Senator Mulroe. Senator Mulroe. House Bill 5514. Senator Koehler. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5514. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Koehler.
Thank you, Mr. President, Members of the Senate. Just to say that I hope my granddaughters aren't listening. They might not understand this. But this is a good bill. 5514 amends the Wildlife Code to allow hunters to kill trapped beaver, otter, weasel, mink, or muskrat with a firearm, pistol, or airgun of a caliber not larger than a .22 -- a .22 long rifle. Currently, the trapped animals are bludgeoned or stomped to death by the trappers. So, ask for your Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5514 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5514, having received the required constitutional majority, is declared passed. House Bill 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 5526. Senator Connelly. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5526. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Connelly.
Thank you, Mr. President, Members of the Senate. House Bill 5526 amends the Illinois Controlled Substances Act and makes kratom a Schedule I controlled substance. This is an initiative of the DuPage County State's Attorney's Office. I urge an Aye vote and I'll answer any questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5526 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5526, having received the required constitutional majority, is declared passed. House Bill 5546. Senator Harmon. Senator Harmon. House Bill 5563. Senator Martinez. House Bill 5564. Senator Luechtefeld. Indicates he wants to proceed. Mr. Secretary, read the bill.
House Bill 5564. (Secretary reads title of bill) 3rd Reading of the bill. 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. House Bill 5564 amends the Illinois Income Tax Act. It requires that the Department of Revenue should develop rules on applying -- on applying a refund due to estimated tax liabilities. Currently, the Department may do this but is not required to do it. It allows the taxpayer to apply a refund due to their estimated tax payment.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5564 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5564, having received the required constitutional majority, is declared passed. House Bill 5575. Senator Mulroe. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5575. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. This is an agreed bill. It's -- the proponents are ITLA and Illinois Insurance Association. It amends the Insurance Code by raising 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 the limits on binding arbitration awards where motorists are involved in claims regarding underinsured and uninsured motorist coverage. The binding arbitration caps are being raised from fifty thousand to seventy-five thousand for claims that -- with bodily injury or death involving a single person and from a hundred thousand to a hundred and fifty thousand for claims with bodily injury or death involving two or more individuals. I know of no opposition.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5575 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting -- 1 voting Nay, 0 voting Present. House Bill 5575, having received the required constitutional majority, is declared passed. House Bill 5585. Senator Manar. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5585. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Manar.
Thank you, Mr. President. House Bill 5585 is the annual transfer bill that we do on a yearly basis to the Auditor General from various funds in the treasury, including GRF, to the Audit Expense Fund so the Auditor General can do his work for the coming 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 fiscal year. Know of no opposition. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5585 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5585, having received the required constitutional majority, is declared passed. House Bill 5588. Senator Biss. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5588. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Biss.
Thank you, Mr. President, Members of the Senate. House Bill 5588 is a State Board of Elections initiative -- of Education's initiative. It deletes and makes changes to obsolete and duplicative language in the School Code and makes no substantive changes to law at all. Happy to answer any questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? The question is, shall House Bill 5588 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 1 voting Present. House Bill 5588, having received the required constitutional 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 majority, is declared passed. House Bill 5592. Senator Martinez. House Bill 5593. Senator Bertino. Indicates she wishes to proceed. Mr. Secretary, read the bill.
House Bill 5593. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino.
Thank you, Mr. President. House Bill 5593 adds two additional members to the Plainfield Park District board. Initially, the two new board members shall be appointed with one member appointed by the District's State Representative and the other member appointed by the District's State Senator. These General Assembly Member appointments shall serve until the 2015 consolidated election, when both positions shall be up for election. Therefore, the Plainfield Park District board will be a seven-member elected board. The bill expires in June 2017.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates she will yield.
Okay. Senator, I want to make sure that I understand and I -- I want to make sure the Members understand what you're doing 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 under this bill. This bill takes a board of -- in one of your park districts in your Senate district and would add two new members to that board not elected by the same voters that elect the rest of the board, but are hand chosen by the State Representative and the State Senator from the district in which the park district is located. Is that a correct description of the bill?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
That is correct. Those same two positions will be up for election in the consolidated 2015 election.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Now, and I want to give you as much time as you need to walk through why you think this needs to be done. But, on the surface, this looks like that classic political insider - we don't like what the voters did, so we're going to start handpicking people and putting them on the board. Explain to me why it's not exactly that.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
I can tell you some of the -- the issues that have plagued this board, first. First, we have a labor relations violation. We have a State's attorney's investigation. We have a State Police investigation. There has been reports from staff of intimidations and ethic violation. So much is this a concern that the -- the 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 very own park district board has -- has a resolution supporting this bill. This is an initiative that came to me through my Representative. It is an initiative from the community. There is a "Park Truth" board that has been fighting this. They have taken action within our community trying to resolve this on their own, however, to no -- to no avail.
PRESIDING OFFICER: (SENATOR MUÑOZ) Will the Senate please keep the conversations down a little bit?
I'll stop there.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
What I basically heard from you, to just to -- to -- to summarize it, Senator, is that there are issues with the way the currently elected board is conducting the affairs of the park district, some scandal, law enforcement investigations, that are driving you to do this. Is that -- is that a fair summation of what you just said?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Yes, that is the intent, although not my personal intent. It was brought to my attention via the community. The community has continually reached out to me.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 So, I want to be clear. Is it your view then that if an elected official or group of elected officials is under investigation, or there's some kind of scandal surrounding them, that that is a reason to reach into that process and fundamentally change that person's ability to conduct their affairs?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Again, this is an initiative that was brought to me by -- by the community.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Senator, I appreciate that maybe this isn't -- wasn't your idea, but you are asking for the Members in this Chamber to vote for it. You are the lead sponsor. So, I'm asking, your view is -- this sets a precedent that says that if a member in their district believes that a local board, a locally elected board, a board that was elected by your constituents, is -- are do -- is doing something wrong or contrary to what you would like to see or contrary to what the voters, you think, might believe, and even if they've been so bad that there may be a scandal or a law enforcement investigation, that that is reason enough to reach into that locally elected body and change the balance to go in a different direction.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Again, I'll state that I represent the 49th District and this 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 park district is within my community and I am there to support them. During Executive Committee, I read a letter from the -- the president of the park board. I -- I'm sharing a resolution. There was ninety-three proponents, zero opposition. And, again, you know, this is something the community has asked me to do. So, yes, I represent my community.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator, thank you for your responses, and we've all had -- anyone who's been in office for any length of time has had a locally elected governmental body in our district do things maybe that we disagreed with or did things that our constituents called us about and said, "What are they doing? This is crazy". But to reach in like this from Springfield and say, you know what, the voters elected these people but the voters must have been so off the chart stupid to have elected these people so we're going to decide for them here in Springfield what their board should be doing sets a nightmarish precedent. To say that because an elected official or group of elected officials may be involved in a scandal - that's bad, but do we get to fix that or do the voters get to fix that? Does law enforcement -- are they allowed to go through the process and allow the person who may be under investigation to say - and prove - that they hadn't had anything to do with it? Do we do 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 that? Or do we just come in, summarily, and say, you know what, we're going to change things. I don't think that you want to set this precedent, particularly today in this Capitol with -- with what's going on in this State. I don't think that you want to set that precedent. No one on the Democrat side surely wants to say, you know what, we should be able to change the balance, or change out an elected official because someone's been subpoenaed. You guys don't want to go there, right? This sets a horrible precedent. Vote No. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bush, for what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.
Well, I -- I have to say, I was about to agree with Senator Righter until he made it political. So I, too, raise in -- in opposition to the bill. I think this is -- I respect Senator Bertino-Tarrant. I know she's trying to represent her area. But this is a bad government vote. We can't take a board -- I mean, what we're really doing here is taking a five-member board, adding two members -- allowing them to add two members to that board because they're not happy with the people that were elected. I'm not happy with the people that were elected in that area either, but it is not for us to make that decision. It's for the voters to do that. I would extend an offer to the -- Senator Bertino- Tarrant - I'd be happy to look at possibly recall for local officials for a remedy for that. But, to me, this is just not the 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 answer and I would urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Rezin, for what purpose do you seek recognition?
Thank you -- thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates she will yield.
Senator, as a Representative -- or, a Senator as well of Will County and Plainfield Park District, I have not received anything about this issue. I've not received a letter, not one phone call. Can you tell me why this is so important? If it's so important, why the other Senators that represent that area haven't been contacted?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Well, what I -- I cannot answer to that. I can tell you that maybe I'm visible. They see me. I'm around. So they did approach me and they call.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Rezin.
Again, I disagree. I'm very accessible. I'm very visible in the area. I've served on many task force with you, again. It's as easy as an email or a phone call to the Senators that represent the area. I have not heard one thing about this issue until it came before committee. Clearly, this does set a terrible 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 precedence {sic}, not only for the park district, but for any other elected board that may not be doing what we want or may not agree with the person in charge from the board. I -- I recommend a strong No vote for this bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sandoval, for what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.
I rise in support of Jennifer -- Senator Bertino-Tarrant's bill. I find it shocking and appalling that any Member of this side of the aisle, particularly, would be opposed to this bill. We get elected by folks back at home, by our local municipalities and districts. And you know what? I am not one to disagree with any one individual Senator, particularly on this side of the aisle, when -- when, you know, they know what's best for their district. I represent a number of suburban municipalities. I'm the only Latino that represents suburban part of -- of Cook County of the four Senators, and you know, it's -- it's sometimes a very difficult balance to determine what's best for people back home. I largely depend on my mayors, my township governments, and their local views on what's best for them. And shame on me to think that I would know better what's good for them. I rise in support. And all of yous who have local mayors and suburban township governments, I would ask you to vote for, again, local governance, and I would -- know that if any one of you got up and spoke on behalf of what's good for your township or your municipal 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 government, I would rise in support of that. Vote green for Jennifer Bertino-Tarrant's bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Holmes, for what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.
Typically, this is something where -- where I would agree that I -- I don't necessarily like it as a -- a form of government, what we're doing. However, this was the area that I used to represent for a number of years. I have to say, anybody who did not hear -- that -- that does represent any part of this area that didn't hear from constituents, I'm not quite sure where they're living, because I got a vast number of emails and letters from people that live within that district. There was such an outcry to the out-and-out actions of this current board. Had me very concerned. So I did look into it a little deeper, and like I said, normally this is not the -- I wouldn't want a legislative remedy. However, I have to agree with Senator Sandoval here, who says if you're sitting outside and you look at it purely from a policy standpoint, but you have to understand when you hear from the people who live in that district how important it is to make some changes there and make some changes pretty quickly while they still have money left in the park district and are able to get fair representation. So I would urge an Aye vote. And please understand, this is also temporary. This is not always going to be Senators or House Members choosing who's sitting on this board. 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 It will be up for the public for general election. And I will say, I think this time the public has definitely learned their lesson to investigate the people who are running for this office much more closely. And I think they will. It was a pretty hard lesson learned, but I don't see them being punished for the next two years because of that failure. Please support this bill. Anybody who represents part of this area certainly understands this is what the constituents want and there is a need for it. So, thank you. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Frerichs, for what purpose do you seek recognition?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates she will yield.
So, Senator Bertino-Tarrant, you've talked about the problems going on here. Could you talk -- could you give the idea for the rest of this Body what's actually going on here that requires this unprecedented act by the Legislature?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Again, this is just -- we've had a number of community complaints for different violations - Open Meetings Act, Labor Relations Act, State's Attorney's investigation, State Police investigation. Now, again, I'm going -- I'm going to stress - this is not my initiative. This came from the House, from Tom Cross in the House. I'm working with my Representative on -- on 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 -- on this bill. You know, in no way, shape, or form have I been able to, you know, grandize {sic} on this. I have stayed behind the scenes this whole time, talking to my constituents, trying to help them behind the scenes. So, you know, I very well could have capitalized on this issue; however, I never have. I am sharing this bill with my Republican Representative. And, again, this is a community issue.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Frerichs.
It's my understanding that they appointed an executive director. Now, did they replace a previous executive director? And -- and can you also tell me how much were they paying this executive director of a park district in a relatively small community?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Ah, yes, there was -- they had -- they had -- there was a retirement in place. They let the gentleman retire early, and at that time, they hired -- it was a political patronage job where they hired a village trustee for about a hundred and ten thousand dollars.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Frerichs.
Yeah, that's a very nice way of saying they -- they let that person retire. Might have helped ease them out to put someone in. I hear charges of partisanship on the other side and -- and -- and 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Democratic problems here. This person who had to resign early, who's under investigation, is he supported -- was he supported by anyone on that side of the aisle in a previous election? Door was opened.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
I -- yeah, I prefer not to answer that, sir.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Frerichs.
…that question needs to be answered. I think everyone knows on that side. But he was. So, it's -- I applaud the House sponsor for his effort, for problems that were created locally - Republican Party had -- had problems there - to try to unwind some of those. But my question is, is this the proper way to do it? You know, to have -- to allow politicians to make partisan appointments here. Is there any other way that perhaps we could allow the local park board, or local district, so that we don't just give one person the opportunity to appoint someone and take that away from the public? Isn't there some other way we can allow people to be vetted and not just allow politicians to create partisan armies?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
Was that -- I'm sorry. I -- that was a question - why we're going to resolve it this way? Again, there -- there's not another -- there's -- these folks are on six-year terms, and therefore we won't see another -- we'll not see another election till 2015. 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Again, we're just trying to help remedy the situation quicker.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill.
I believe there are other ways this could be remedied rather than just allowing certain individuals and politicians to make appointments. I think there should be some sort of process, at the bare minimum, if we don't think that we trust the public to elect their people. If we think we need to put some people in here to pack this park board today, perhaps there can be some way at a local level to involve greater input. And without that, I don't think I can support your bill, unfortunately.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland, for what purpose do you seek recognition?
Thank you, Mr. President. Maybe a couple of questions of the sponsor, if I may.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates she will yield.
I want to make sure that I'm comparing apples to apples, oranges to oranges. Senator, appreciate the atmospherics. Senator, in this bill, when you're able to make the appointments, are these appointments going to be made by other colleagues here? I mean, is it -- are they going to be made by all the Senators and all the State Reps that touch upon this park district -- whose -- whose districts also touch upon the park district?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant. 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
It is going to be Representative Cross and myself, since we represent the bulk of the district. I cannot tell you how Representative Cross is going to do the appointment; however, I can assure you, mine will be open and transparent and I will be working with the Park Truth board. Those are the citizens that have been very active and watching the park board. I've assured them that I will be working with them in this appointment.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland.
And I -- I'm just going to accept, for argument's sake, you're open to appointing somebody irrespective of, perhaps, their party affiliation?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant.
The park districts are -- are nonpartisan, so, yeah, I'm going to continue that -- that method.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland.
Thank you, Senator. Mr. President, to the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.
I've heard this term, unprecedented, bandied about here today. I just want to remind this Body, when I came into the Senate back in 2007, I had a local individual who had been 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 appointed to our Fox River Water Reclamation District asking for reappointment to what had been a three-person board throughout the course of my campaign. However, once I had prevailed in the election - I being Democrat; my opponent, of course, being Republican - my Republican predecessor, a guy named Steve Rauschenberger, if you're familiar with that name, filed legislation, while we were over at the State {sic} Library when this Chamber was under renovation, and filed legislation to increase that board - understanding the trending nature of the district from Republican to more Democrat, and noting that a State Senator who happened to be Democrat was going to have influence over these appointments, he filed legislation to increase that board from three to five. And even under those circumstances, I simply asked my colleagues, without having to file legislation yet, if I might have just one of those appointments. Being denied that, then I filed legislation that asked that that board be, at least, be made up of a 3-2 plurality. The majority party of those State Senators and Representatives who touch upon that Water Reclamation District would certainly have a majority of appointments on that board, and then the minority, which happens to be Democrat, would have the other two. But we fought tooth and nail over that, just like we're doing it here today. Why won't we do what we do time in and time --- time and again when we have truly local issues, like quick-take and like other appointments to other local boards and truly local matters - is we defer to our colleagues. I defer to you all the time. All the time. When you've got a local matter, we say fine. It's truly local. And we know that all politics is local. Let them sort this out locally. What she's asking is neither unprecedented or unreasonable. We've 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 got so much else to work on. I urge an Aye vote. Let's move on.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bertino-Tarrant, to close.
Thank you very much. Again, I -- I wish I had the -- the political gumption that some people may believe that I'm acting upon here. I have no personal gain here. I'm doing this on behalf of my community which I represent, and I do so proudly. I wish I wasn't here asking for this legislation; however, this has been something that I have been asked to take on. And so, as I've stated repeatedly, I am here representing my Plainfield community and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 5593 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 voting Aye, 18 voting Nay, 2 voting Present. House Bill 5593, having received the required constitutional majority, is declared passed. House Bill -- Senator Jacobs, for what purpose do you seek recognition?
Point of introduction.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Mr. President, I have with me a group today from the Quad Cities in the left hand of the gallery. It's a long way from the Quad Cities. We appreciate you coming down. Please rise up and have the Senate recognize you. 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to the Senate. House Bill 5598. Senator Morrison. Indicates she wishes to proceed. Mr. Secretary, read the bill.
House Bill 5598. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Morrison.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill creates -- we are creating a new Act, the Custody Relinquishment Prevention Act. It sets up an interagency agreement to prevent children and youth who are not abused or neglected from entering the guardianship of DCFS solely for the purposes of receiving mental health services. This legislation addresses the increasing number of parents who are giving up their children to the Department because they've exhausted all their other options for attaining mental health services for these seriously ill children. I know of no opposition to this bill. I'm happy to answer questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall House Bill 5598 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5598, having received the 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 required constitutional majority, is declared passed. House Bill 5606. Senator Manar. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5606. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Manar.
Thank you, Mr. President. This bill amends -- simply amends the Prevailing Wage Act. It's an initiative of the Soil and Water Conservation Districts in the State. And it provides that the term "public works" does not mean any work done for soil or water conservation performed directly by an owner of the land in question where the work is being done. This applies even when the work is done under the -- public supervision or paid for out of public funds. We had a -- we had a discussion in committee. I think we worked these issues out with labor. And I would be happy to answer any questions and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield. SENATOR McCARTER: Senator, yeah, we did have this discussion in the committee. 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Most of the times, at least since I've been here, we have been imposing prevailing wage on different groups, agencies, whatever. In this case, we're actually taking that away. Is that correct?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Manar.
That's correct.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: Why are we doing this, and can you -- can you elaborate on that, why we're doing this today?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Manar.
When -- when work is done by a soil and water conservation district, there are payments that are made directly to the landowner to do the work on their own land. So this is a very limited circumstance where funds in this case are considered public funds, subject to the Prevailing Wage Act, but what the bill seeks to identify is this is work being done by a property owner pursuant to the work being prescribed for by the soil and water conservation district, which is a public body. So this is work being done by the owner, pursuant to an agreement, or pursuant to those payments that are made by the district itself.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: Why would that land over -- owner care about this? Why 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 wouldn't he just want to -- prevailing wage to apply? He -- he - - he could pay himself more money. Right?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Manar.
I think -- I think, you know, the reason why it shouldn't apply is because when the conservation efforts are achieved by -- by the landowner and by a particular district, I think that helps -- helps out the State in general. I -- I don't think it's so much a matter of paying yourself more money as it is to the idea that we have exemptions before and we seek to not, you know, put this type of work through the same rigorous test as other contractual agreements for people who build things, or for contractors who build things, because this is a specific instance where public funds are used, pursuant to a -- what I would say is a rigorous agreement, to perform conservation work by a landowner.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator. SENATOR McCARTER: Ladies and Gentlemen, for all the times that -- that we have voted in here - not myself, but many others - to impose prevailing wage on every dollar of public funds in this State, don't you find it just a little strange that you're going to exempt one group? Because those landowners don't want the burden. They want to get the job done for less. They want -- they don't want to be -- they 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 want to be -- they want to be exempt for this 'cause it costs too much money. So why wouldn't we relieve everyone in this State of the burden? You -- you've got public funds being spent at printing -- printing companies in this State that have -- that prevailing wage is imposed and the owner of the company has to show why he paid himself prevailing wage. Why don't you exempt him? This -- this doesn't make sense at all, folks. If -- if you think it's right to exempt these people, then exempt everybody else. I'm going to vote Yes because you're going to do the right thing in this case. But you really ought to do the right thing in all the other cases and exempt them as well.
PRESIDING OFFICER: (SENATOR MUÑOZ) There being no other discussion, Senator Manar, to close.
Thank you, Mr. President. I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) All right, question is, shall House Bill 5606 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5606, having received the required constitutional majority, is declared passed. House Bill 5613. Senator Manar. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5613. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Senator Manar.
Thank you, Mr. President. This bill is an initiative of the Illinois Association of County Clerks and Recorders. It simply amends the Real Estate Transfer Tax Law within the Property Tax Code to allow a county recorder or registrar of titles to use electronic transfer stamps in place of physical stamps for the tax on transferring titles. I know of no opposition of the bill and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5613 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5613, having received the required constitutional majority, is declared passed. Senator Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) House Bill 5619. Senator Connelly. Mr. Secretary, please read the bill.
House Bill 5619. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Connelly, on your bill.
Thank you, Mr. President, Members of the Senate. House Bill 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 5619 amends the Municipal Code to permit the use of impact fee revenue for technological infrastructure for schools. I'm aware of no opposition and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5619 pass. All those in favor will say Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, 2 Nays, none voting Present. House Bill 5619, having received the required constitutional majority, is declared passed. House Bill 5623. Leader Harmon. Leader Harmon. House Bill 5657. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 5657. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, on your bill.
Yes, thank you. This amends the Food Handling Regulation Enforcement Act by creating and strengthening and implementing rules and regulations for farmers' markets throughout Illinois. It'd require that vendors of specialty crops and raw agricultural commodities to place a placard on the product for sale to address where the crop was harvested. It caps farmers' markets rates at twenty-five dollars -- registration rates at twenty-five dollars and renewal of the cottage food operation registration to be once a year. It creates a framework for sampling at farmers' markets 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 and a statewide exemption to local sampling permits. This is one that I've been waiting for for a long time. I don't know if there's anybody else in the Chamber here who's been a part of the farmers' market operation, but I -- my wife and I owned a -- a bakery years ago and did this quite a bit during the summertime. So this is long overdue and I'd appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5657 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5657, having received the required constitutional majority, is declared passed. Senator Muñoz in the Chair.
PRESIDING OFFICER: (SENATOR MUÑOZ) House Bill 5664. Senator Sandoval. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5664. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sandoval.
Thank you, Mr. President. House Bill 5664 makes the Pace bus on the shoulder pilot program permanent. I'd ask for a favorable vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 shall House Bill 5664 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5564 {sic}, having received the required constitutional majority, is declared passed. House Bill 5666. Senator Cullerton. Indicates he wishes to… Senator Cullerton seeks leave of the Body to return House Bill 5666 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5666. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Tom Cullerton.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Cullerton, on your amendment.
I can explain the amendment on -- on 3rd.
PRESIDING OFFICER: (SENATOR MUÑOZ) Are there any further Floor amendments approved -- is there -- is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Mr. Secretary, read the bill.
House Bill 5666. (Secretary reads title of bill) 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. House Bill 5666 is an initiative of the National Waste and Recycling Association. It creates the Illinois Solid Waste Hauling and Recycling Program (Act) to require garbage haulers in DuPage, Kane, Lake, McHenry, Will, and Cook counties, excluding Chicago, to offer recycling services. It amends the Illinois Municipal Code to prohibit municipalities in the foregoing counties from entering into new contracts or franchises for the collection or hauling garbage until they undergrow -- undergo a three-year contract moratorium and study. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5666 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 1 voting Nay, 0 voting Present. House Bill 5666, having received the required constitutional majority, is declared passed. House Bill 5674. Senator Raoul. Senator Raoul. House Bill 5678. Senator Sullivan. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5678. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Senator Sullivan.
Thank you, Mr. President, Members of the Senate. The legislation amends the Western Illinois University Law to allow their Board of Trustees to sell, lease, or transfer specific property in Rock Island County without compliance with the State Property Control Act and allow the university to retain the -- their proceeds to be used towards the construction of their Quad Cities campus.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5678 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5678, having received the required constitutional majority, is declared passed. Senator Kotowski, for what purpose you seek recognition?
For purposes of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
Thank you, and good morning to all of you here in the Senate. Those of you who see over there on Senator Syverson's desk, that is the trophy from our win yesterday. Glorious Senate victory. Very exciting. Now I don't know if any of you read -- there's a -- a periodical in town, kind of like the town tattler, called Capitol Fax. Did you read it this morning? Well, if you read the 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 -- Ray Long of Capitol Fax this morning, you have suffered under the delusion that the Senate did not earn or deserve its victory last night. Yeah. You would have suffered under that. So let's make a couple things clear. We could have won twenty-five to nothing yesterday and the author of said earlier periodical, which was mentioned, still would not have given us any credit. For example, it is not outside the realm of possibility that said person would have written "House bats doctored. Senate wins by equipment malfunction." Or, "House Members still suffering from post-trauma due to caucus with Governor. House too overwhelmed to play." "Speaker asked House Members to vote for themselves. House players paralyzed by anxiety. Performance suffers." Or, or, "Sorry, taking the night off. Steve Brown is writing my column again." Here's the truth. Here's what really happened at the Senate victory last night. Here's some good, true, honest headlines. "Senate sluggers show House who's in charge." That's a good headline. Right? That's positive. Right? It's positive. We did something well. Yes, thank you. "Senate crushes House spirit with stellar play." That's -- that's positive. Yes? Thank you. "Murphy makeover key to Senate win. Willis Reed calls to congratulate." Like it? "Ron Burgundy of the Senate, sweet swingin' Steve Stadelman, officially" -- "officially puts anchor desk in rear view." Right? Martinez puts -- "Martinez ignites Senate. Puts hex on DeLuca. Swarthy star crumbles under psychological pressure." That's a good -- that's positive. Right? Iris did that. And D'Amico - "Has anyone seen John D'Amico? Paging John D'Amico." "Former NFL player Harris delivers in clutch. Promises to stick to hitting. Gives up fielding until next year." "Jeans-wearing Silverstein saves day with run-stopping 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 play at plate. Drury FOIA's game film." "Aging Righty Mulroe reclaims youthful range. Shuts door on House. Restores storied Senate legacy of success." To John Mulroe, the MVP. That's right, John. Everybody stand up. MVP! MVP! MVP! And we did win and it was a great victory. From the top of the order to the bottom, from catcher to center field, from first to third base coach, from pinch runners, to pinch hitters - this was a team victory. This was a Senate victory. Republicans and Democrats, we did it together. This is when we're at our best, folks. We can do anything when we work together. Anything. God bless you. God bless the United States of America. And God bless the Senate. Go Senate!
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Martinez, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) State your point.
And I just want to add that this team, this victory would not have been possible without our -- the greatest manager at the General Assembly, our friend, Dan Kotowski.
PRESIDING OFFICER: (SENATOR MUÑOZ) House Bill 5679. Senator Sullivan indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5679. (Secretary reads title of bill) 3rd Reading of the bill. 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sullivan.
Thank you, Mr. President. House Bill 5679 deletes obsolete language out of the nine public university system statutes concerning the high school feedback system which was replaced with the P-20 Longitudinal Data System.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5679 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5679, having received the required constitutional majority, is declared passed. Senator Hastings, for what purpose do you seek recognition?
Thank you, Mr. President. I'd like to amend my vote on House Bill 5666 to an Aye vote, please.
PRESIDING OFFICER: (SENATOR MUÑOZ) The record will reflect an Aye vote on 5678. Correction - an Aye vote on 5666. House Bill 5681. Senator Sullivan indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 5681. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sullivan. 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
Thank you, Mr. President. This is also an initiative of Western Illinois University. It amends the WIU Law by requiring one of the Board of Trustees' quarterly meetings to be held on the Quad Cities campus.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5681 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5681, having received the required constitutional majority, is declared passed. House Bill 5682. Senator Holmes. Indicates she wishes to proceed. Mr. Secretary, read the bill.
House Bill 5682. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Holmes.
Thank you so much, Mr. President. Basically what this bill does is it prohibits any person from assisting another person in completing or submitting an application for benefits under the federal Supplemental Nutrition Assistance Program, the State's Temporary Assistance for Needy Families program, or the Aid to the Aged, Blind, and {sic} (or) Disabled program in exchange for a portion of the applicant's benefits or cash from any other source. 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 This bill actually is the result of something in my district where somebody was helping people apply for these benefit programs in exchange for a portion of the benefits. I'd appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5682 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5682, having received the required constitutional majority, is declared passed. Senator Raoul, for what purpose do you seek recognition?
Point of -- point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Ladies and Gentlemen of the Senate, we -- I have the great pleasure of having with me today the Cook County Board President, Toni Preckwinkle. Can we give her a warm Senate welcome?
PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome, Madam President, to the Senate. House Bill 5684. Senator Harmon. Senator Harmon. House Bill 5685. Senator Collins. Indicates she wishes to proceed. That's a recall. Senator Collins seeks leave of the Body to return House Bill 5685 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5685. Mr. Secretary, are there any Floor amendments approved for consideration? 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
Floor Amendment No. 1, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Collins, on your amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 1 is a page and line amendment that takes the content of the engrossed version of House Bill 5331, which passed out of Financial Institutions Committee with a vote of 7-0, and adds it to House Bill 5685 as introduced. I move for its adoption.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Mr. Secretary, read the bill.
House Bill 5685. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Collins.
Thank you, Mr. President. House Bill 5685 repeals the Illinois Savings and Loan Act of 1985 which, because all Illinois chartered savings and loan associations have become savings banks, 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 is now obsolete. And in addition, it adds the language of House Bill 5331, which amends the Residential Mortgage License Act of 1987 to streamline the renewal process for mortgage bankers and brokers, eliminates the license exemption for bank trusts, and gives the Department flexibility with financial reporting of subsidiaries. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5685 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5685, having received the required constitutional majority, is declared passed. House Bill 5686. Senator Hunter. Indicates she wishes to proceed. Oh! Senator Hunter seeks leave of the Body to return House Bill 5686 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, House Bill 5686. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter, on your amendment.
Thank you, Mr. President. I wish to adopt the amendment and I'll explain it on 3.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Mr. Secretary, read the bill.
House Bill 5686. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 5686 amends the Probate Act section addressing appointment of guardians for minors. Specifically, this bill provides a rebuttable presumption that it's in the best interest of the minor to remain in care of short-term guardian, if one has been appointed prior to filing the petition for guardianship. I know of no opposition to the bill and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall House Bill 5686 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5686, having received the required constitutional majority, is declared passed. Senator Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) Senator Van Pelt, for what purpose do you rise? 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
Mr. President, I would like to be recorded as a Yes vote for the last bill.
PRESIDING OFFICER: (SENATOR LINK) On House Bill 5686?
Yes.
PRESIDING OFFICER: (SENATOR LINK) Record shall reflect your intention. House Bill 5688. Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 5688. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Leader Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill creates the Law Enforcement Officer Bulletproof Vest Act. It requires each law enforcement agency within the State to provide a bulletproof vest for every officer employed as a new recruit. The funding will come from both State funds and funds from the unit of local government -- has jurisdiction over law enforcement agency. The State or unit of the local government that has jurisdiction over the law enforcement agency will also be required to apply to the Bulletproof Vest Partnership Grant Act of 1998 or a successor Act in order of receiving -- matching federal grants for the purchase of a new bulletproof vest, up to a fifty- fifty match for funding dollars. I know of no opposition to the 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 bill. It's supported by the Chiefs of Police, Secretary of State, AFSCME, and Chicago Fraternal Order of Police.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5688 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5688, having received the required constitutional majority, is declared passed. House Bill 5689. Senator Mulroe. Senator Mulroe seeks leave of the Body to return House Bill 5689 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 5689. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Mulroe.
PRESIDING OFFICER: (SENATOR LINK) Senator Mulroe, to explain your amendment.
Thank you, Mr. President, Members of the Senate. Senate Floor Amendment No. 2 tweaks the definition of electronic cigarettes to make it more consistent with the actual product. I'll explain the whole bill on 3rd. Thanks.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5689. Mr. Secretary, please read the bill.
House Bill 5689. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Mulroe, on your bill.
Thank you, Mr. President. The bill requires all electronic cigarette liquid refills to be sold in special packaging in accordance with the rules adopted by the Department of Public Health to make 'em childproof containers. The bill excludes electronic cigarette products sold in sealed, pre-filled, or disposable replacement cartridges. We also made the effective date January 1, 2015, as one of our committee amendments.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5689 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 2 Nays, none voting Present. House Bill 5689, having received the required constitutional majority, is declared passed. House Bill 5692. Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 5692. 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Leader Muñoz, on your bill. SENATOR MUÑOZ: …you, Mr. President, Ladies and Gentlemen of the Senate. This bill creates the Uninsured Motorist Verification Advisory Committee Act. It requires the Secretary of State to establish a committee for the purpose of designing an electric {sic} (electronic) motor vehicle liability insurance verification program. Also removes the implementation of mandatory insurance reporting and penalties enacted -- P.A. 98-539 - they are scheduled to go into effect beginning January 1, 2016 - in order to allow time to implement the recommendations of the advisory committee. I know of no opposition.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5692 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, 1 Nay, none voting Present. House Bill 5692, having received the required constitutional majority, is declared passed. House Bill 5696. Senator Althoff. Mr. Secretary, please read the bill.
House Bill 5696. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Senator Althoff, on your bill.
Thank you very much, Mr. President. House Bill 5696 is a technical IMRF cleanup. The bill does three changes. It removes references in Article 7 to close transfer windows, as it's no longer applicable. It removes the requirement for write-in candidates in trustee elections when there is only one eligible candidate on the ballot. And number three, it codifies the board's omitted service procedures from its resolutions. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5696 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 5696, having received the required constitutional majority, is declared passed. House Bill 5697. Senator Hastings. Mr. Secretary, please read the bill.
House Bill 5697. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Hastings, on your bill.
Thank you, Mr. President. House Bill 5697 is an initiative of the Secretary of Defense and has been negotiated with DHS and HFS to fit the State of Illinois. It allows dependents of military 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 service members who are eligible for DD services to retain that eligibility should they be required to leave the State as a result of that member's military assignment. I know of no opponents and I'll answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5697 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5697, having received the required constitutional majority, is declared passed. House Bill 5703. Senator Morrison. Mr. Secretary, please read the bill.
House Bill 5703. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Morrison, on your bill.
…you, Mr. President, Ladies and Gentlemen of the Senate. This bill amends the Nursing Home Care Act and the ID/DD Community Care Act and declares, if a person believes those Acts have been violated, that he or she may report it by electronic means and it also requires the Illinois Department of Public Health to make this information available through its website. Happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 House Bill 5703 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 5703, having received the required constitutional majority, is declared passed. House Bill 5707. Senator Steans. House Bill 5709. Senator LaHood. Mr. Secretary, please read the bill.
House Bill 5709. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator LaHood, on your bill. SENATOR LaHOOD: Thank you, Mr. President. House Bill 5709 is an initiative of the Illinois Municipal League. And what this bill does, it helps municipalities save money when it comes to appraising properties. It amends the Real Estate Appraiser Licensing Act. Provides that a municipal employee or a municipal engineer that has completed a certain amount of coursework and has certain experience may prepare the valuation waiver for properties under ten thousand dollars. Be happy to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5709 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Bill 5709, having received the required constitutional majority, is declared passed. House Bill 5710. Senator Mulroe. House Bill 5735. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 5735. (Secretary reads title of bill)
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, on your bill. Senator Koehler seeks leave of the Body to return House Bill 5735 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 5735. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 3, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, on your amendment.
Thank you, Mr. President. The amendment makes several technical changes to the bill and states that the Attorney General's Office will appoint the industry representatives.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 5735. Mr. Secretary, please read the bill.
House Bill 5735. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, on your bill.
Thank you, Mr. President, Members of the Senate. This creates the Home Repair and Construction Task Force which will make a report to the General Assembly regarding whether home repair and construction service providers shall be required to obtain a license before offering services. This idea of the Task Force came in response to situations where out-of-area contractors attempted to prey upon victims of severe weather and solicited large down payments from homeowners without finishing the job or not finishing in a workmanlike manner. The Task Force will report its findings to the General Assembly no later than November 1st, of 2015.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5735 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 Ayes, 5 Nays, 2 voting Present. House Bill 5735, having received the required constitutional majority, is declared passed. House Bill 5742. Senator Steans. Mr. Secretary, please read the bill.
70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 House Bill 5742. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on your bill.
Yes, thank you. You know, I think it's very appropriate we're taking up this bill today. It's American Stroke Month and we have folks here from the Illinois Heart Association and the American Stroke Association who have really been working on this bill. Thank you. They're up in the gallery. You know, five years ago, we had first passed a law to enable Illinois to designate primary stroke centers. Since then, we've been able to really improve care for patients. In 2009, just under seventeen percent of stroke patients received lifesaving tPA medication within the nationally recommended sixty-minutes window. By 2013, after we passed this, we had over forty-five percent of stroke patients receiving this within that same time period, really reducing disability and saving many lives. This bill now is a follow-up to put in place some additional help in designating hospital stroke centers. It allows us to take advantage of advances in technology, techniques, and standards of stroke care that have been developed since 2009. It allows the Illinois Department of Public Health to designate Comprehensive Stroke Centers, the highest level of stroke-care available that was not in existence in 2009. It aligns Emergent Stroke-Ready Hospitals with national acute stroke-ready standards and facilitates the creation of an Illinois stroke data registry. It also establishes a stroke center designation fee between just a hundred and five hundred dollars to get -- as they get these 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 designations. I would urge your Aye vote and just want to thank the IHA and ASA for their work on this bill. I don't know of any opposition to the bill.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5742 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, 2 Nays, none voting Present. House Bill 5742, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to page 14, House Bill 5674. Senator Raoul. Mr. Secretary, please read the bill. Senator Raoul seeks leave of the Body to return House Bill 5674 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 5674. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR LINK) Senator Raoul, on your amendment.
Floor Amendment 1 becomes the bill. I'll explain it on 3rd.
PRESIDING OFFICER: (SENATOR LINK) You move for its adoption?
Yes.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The -- the Ayes have it, and the 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5674. Mr. Secretary, please read the bill.
House Bill 5674. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Raoul, on your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5674 amends the Compassionate Use of Medical Cannabis Pilot Program Act by allowing the City of Chicago to establish prohibitions as to the location of cultivation centers and dispensaries. It does not change the location restrictions for any municipality with a population under five hundred thousand. Additionally, the limitation on cultivation Senators {sic} are one per State Police district, and the City of Chicago is, as a result, limited to one cultivation center, and proposed rules have suggested that City of Chicago will be limited to thirteen dispensaries. I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Murphy, for what purpose do you rise?
73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
The -- we had a -- a good debate about this in committee, Senator, and I -- you had indicated you have every confidence in your local city council to make good decisions in this regard. I think the whole Chamber should know, with this bill, the City of Chicago has zero restriction on them as to what they want to do with regard to where they're going to house their medical marijuana facilities. Now, no other state -- city or municipality in the State is going to have this type of latitude. The State's going to regulate everybody else. You know, we just had an interesting discovery and I know our colleague, Senator Duffy, was taking a victory lap because he highlighted something early on with regard to red light cameras that has come home to roost. Picture a scenario where, somewhere in the City of Chicago, there's a really good deal on a piece of property that happens to be within twenty- five hundred feet or, frankly, right next door to a school or another facility that would have otherwise been banned by the State statute in law now, and the person who's going to have the -- medical marijuana dispensary is a good friend of the alderman. And, all of a sudden, the alderman says, "You know what? I'm not worried about my good friend, 'cause I know he'll be responsible with his medical marijuana dispensary right next to the school, so we're going to say that's okay." If that happens in the future, your vote today puts that medical marijuana dispensary right next to that school and you will be in that front page story. I would encourage you to not be part of my version of Senator Duffy's 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 victory lap by -- by authorizing the city council in Chicago to have this level of authority. The State put this -- these rules into place; the State needs to continue to have this level of authority. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, Senator Raoul, to close.
I appreciate the last speaker's comments. It should be noted that the Department of Financial and Professional Responsibility {sic} (Regulation) and -- and the Department of Public Health, which is the State the last time I checked, will have to approve each and every one of these dispensaries. Additionally, the federal government has been going after any such dispensaries that's within a thousand feet of a school. So I -- I'm -- I'm pretty confident that the City of Chicago will not be wanting the federal government to come after them. So I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 5674 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 31 Ayes, 18 Nays, 4 voting Present. House Bill 5674, having received the required constitutional majority, is declared passed. House Bill… House Bill 5755. Senator Steans. Senator Steans. Antwon Martin, The Register-Mail, seeks permission to photograph. Seeing no objection, permission granted. House Bill 5766. Senator Connelly. House Bill 5793. Senator -- Leader Martinez. Mr. Secretary, please read the bill. 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
House Bill 5793. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 5793 creates the Uniform Racial Classification Act, which requires State agencies to use the same racial and ethnic classifications. And I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5793 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5793, having received the required constitutional majority, is declared passed. House Bill 5824. Senator Syverson. Mr. Secretary, please read the bill.
House Bill 5824. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Syverson, on your bill.
Thank you, Mr. Chairman {sic}. This legislation amends the Circuit Court {sic} (Courts) Act and what it does is replaces a 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 associate judge in the 23rd -- District as -- replaces them as a -- as a associate judge to a residential judge. This is bringing them in line with Kendall County, which is the other county that's part of the 23rd District. And this is agreed to, I think, by all bodies and know of no opposition.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5824 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5824, having received the required constitutional majority, is declared passed. House Bill 5845. Senator Dillard. Mr. Secretary, please read the bill.
House Bill 5845. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, on your bill.
Thank you, Mr. President and Members. This just moves back a reporting date by about a year for something called the Precious Metals Purchasers Task Force. I know of no opposition. Gives them a little more time to report. Be happy to answer any questions, but would appreciate a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5845 pass. All those in favor will vote Aye. Opposed, 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5845, having received the required constitutional majority, is declared passed. The Committee on Assignments will please meet in the President’s Anteroom immediately. The Committee on Assignments, please meet in the President’s Anteroom immediately. (at ease) Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Executive Committee - Senate Joint Resolution 79; refer to the Judiciary Committee - House Bill 4080 and House Bill 5889; refer to the State Government and Veterans Affairs Committee - House Joint Resolution 72; and Be Approved for Consideration - House Bill 2930 and House Bill 3963. Signed by Senator James F. Clayborne, Chairman. Senator James F. Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Judiciary Committee - Committee Amendment No. 1 to House Bill 4080, Floor Amendment No. 2 to House Bill 4496; re-refer from the Executive Committee to the Assignments Committee - Floor Amendment No. 2 to House Bill 924; and Be Approved For Consideration - Floor Amendment No. 3 to Senate Bill 214, House Bill 1154, and Floor Amendment No. 5 to House Bill 4123. Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments: Floor Amendment No. 3 to House Bill 4123 and Floor Amendment No. 4 to House Bill 4123. Signed by Senator James F. Clayborne, Chairman. 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR LINK) Announcement for everybody: Senate Judiciary will meet in Room 212 at 2:45 today. In Room 212. Senator McGuire, for what purpose do you rise? SENATOR McGUIRE: Thank you, Mr. President. I move to wait all -- I move to waive all notice and posting requirements so that House Bill 5889 can be heard today at 2:45 in the Senate Judiciary Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator McGuire moves to waive all notices, posting requirements so that House Bill 5889 can be heard today at 2:45 in the Senate Judiciary Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the notice and posting requirements have been waived. Leader Muñoz, for what purpose do you rise? SENATOR MUÑOZ: For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR MUÑOZ: Ladies and Gentlemen of the Senate, I have two guests here with me on the Floor. On my right, Christine Gallagher, a lifelong resident from Bridgeport, is here. If we can welcome her. And on my left, I have Jon Santiago, who's a junior in college, Emory -- Emory College {sic} (University). A lot of you probably know his dad, Miguel Santiago, the former State Representative. If we can welcome 'em both to the Senate, I would really appreciate it.
PRESIDING OFFICER: (SENATOR LINK) Welcome to the Illinois Senate and Springfield. Senator 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Althoff, for what purpose do you rise?
Thank you, Mr. President. Purpose of announcement.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Thank you. The Senate Republicans would like to caucus immediately upon recess.
PRESIDING OFFICER: (SENATOR LINK) Your -- your request is always in order. House Bill 2494. Mr. Secretary, please… President Cullerton seeks leave of the Body to return House Bill 2494 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2494. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) President Cullerton, on your amendment.
Thank you, Mr. President, Members of the Senate. I'd like to adopt the amendment - it becomes the bill - and debate it on 3rd Reading.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2494. Mr. Secretary, please read the bill.
House Bill 2494. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) President Cullerton, on your bill.
Yes, thank you, Mr. President, Members of the Senate. This is a bill that I worked on with the Retail Merchants. It would say that beginning January 1st, 2016, retailers of cigarettes or tobacco products would obtain a license from the Department of Revenue. We negotiated the fee to be seventy-five dollars, which would be used for tobacco retail inspections and contraband tobacco and tobacco smuggling. This is a -- a much lower fee than previous versions and the reason why they were supportive was because the money would be earmarked to crack down on smuggling and underage retail sales. Since we raised our cigarette tax, we've had an increase in smuggling and the selling of contraband cigarettes. We also do slightly increase the penalties for selling to minors, but we also incentivized the retail merchants to provide training programs to their employees and if -- after repeated violations, a retailer could potentially have their license suspended. Right now, there's only a few states that don't have the licensing of retailers. In other states that have done this, they've actually made a lot more money for the state. And I want to thank the 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Retail Merchants for their -- their input in drafting the bill. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Murphy, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I find it utterly fascinating that this government raised taxes so high that they created a burgeoning growing black market and now, to address that, we have to put a retailer's license in so that we can hire agents to go after the black market that was largely created by this majority's tax policy in the first place. Has there been any consideration given to maybe bringing the tax rate down as a way to suppress the black market and then we don't need this licensing fee and we don't need these agents? I understand the attempt to try to curb the illegal use and sale of tobacco, but if this isn't a good illustration of the logical ends of more taxation and more regulation, I don't know what is.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? President Cullerton, to close.
Yes, thank you, Mr. President, Members of the Senate. I -- I think that was a little bit of a mischaracterization of the history of the -- the cigarette tax. That was part of the SMART Act. We had the added benefit - I believe it was a bipartisan 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 vote - we had the benefit of a number of adults stopping smoking and young children not starting, and so it was more than just raising the money. And I think there's always been smuggling and -- and underage sales of tobacco. It's just that this year the Retail Merchants decided that they would help support this by having a reduction in the -- what the proposed fee was in the past. So a number of states -- almost - most states have this - require people who sell cigarettes to have a license. Again, they -- we worked with the Retail Merchants to get their input and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 2494 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 Ayes, 15 Nays, none voting Present. House Bill 2494, having received the required constitutional majority, is declared passed. The Senate will stand in recess for the purposes of a Republican Caucus for 45 minutes. We will return for further Floor action at that time. Senate stands at ease -- recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LINK) The Senate will please come back to order. Will all Members of the Senate please come to the Senate Floor? We will be taking final action on House Bills 3rd Reading. Mr. Secretary, Resolutions.
83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Senate Resolution 1228, offered by Senator Lightford and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar.
Senate Joint Resolution 80, offered by Senator Brady. It is substantive.
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Messages from the House.
Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4665. We have received a like Message on House Bill 5732. Passed the House, May 22nd, 2014. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 647. (Secretary reads title of bill) Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 647. 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 We have received like Messages on Senate Bill 1048, with House Amendment 1; Senate Bill 2583, with House Amendment 1; Senate Bill 2727, with House Amendment 2; Senate Bill 2829, with House Amendment 1; Senate Bill 2952, with House Amendment 1; Senate Bill 3056, with House Amendment 1. Passed the House, as amended, May 22nd, 2014. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Introduction of Senate Bills.
Senate Bill 3664, offered by Senator Righter. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, House Bills 1st Reading.
House Bill 5732, offered by Senator Holmes. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Will all Members of the Senate at the sound of my voice please come to the Senate Floor immediately? We're going to House Bills 3rd Reading, final action. With leave of the Body, we'll go back to page 8, House Bill 3232. Senator Collins. Mr. Secretary, please read the bill.
House Bill 3232. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Senator Collins, on your bill.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3232, as amended, makes a number of changes to the Charter Schools Law to provide for greater transparency and accountability in charter schools use of public funds. The bill prohibits a charter from employing staff who are simultaneously employed at a charter management organization. It increases transparency provisions regarding charter lotteries and requires all public schools, including charter schools, to include a disclaimer that public funds were used in any advertisement that was created using public funds. I just want to say that this is a negotiated bill, agreed-upon language. It comes in the aftermath of the UNO scandal that we all read about in our papers. And so I would just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the -- Senator Lightford, for what purpose do you rise?
Mr. President, to the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I'd just like to commend the sponsor for all her hard work on this initiative. There were a number of opponents originally on this legislation. She sat everyone down and negotiated at great lengths. She also embodied -- invited the House Member to also be a part of those negotiations. So this bill should be received here and welcomed to the House with no opposition. I encourage an 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none -- seeing none, the question is, shall House Bill -- 3232 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 Ayes, no Nays, none voting Present. House Bill 3232, having received the required constitutional majority, is declared passed. On -- with leave of the Body, we'll go to page 9 of the printed Calendar, House Bill 3638. Senator -- Senator Kotowski seeks leave of the Body… Senator Kotowski seeks leave of the Body to return House Bill 3638 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3638. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your amendment.
Thank you, Mr. President. Well, the two amendments address the -- the Illinois Insurance Code by requiring health insurance companies that provide prescription drug benefits to either approve or deny a prior authorization request within seventy-two hours of receipt of a request for a prescription requiring prior authorization. It also includes additional consumer reforms regarding health insurance policies sold through the health exchange by creating the Health Insurance Consumer Protection Act of 2014. This has been a negotiated bill and we were able to work 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 out with all the -- the opponents to come up with a resolution. More than happy to answer any questions when we get to 3rd.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3638. Mr. Secretary, please read the bill.
House Bill 3638. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your bill.
I addressed the amendment {sic} to what was contained in it on my explanation of the amendment. More than happy to answer any questions. I believe we have some information that needs to be asked of me to establish legislative intent.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Brady, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR LINK) 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 To the bill.
I -- I just wondered if Senator Kotowski's microphone needs to be checked. He seemed to quietly mumble his way through that. I know the bill passed without opposition. The -- I think it's important for Members to know that this does deal with some corrections in the Affordable health Care Act, so it -- it does make some changes on its implementation.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor for legislative intent.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator Kotowski, will House Bill 3638 eliminate the current prior approval process?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
No, sir. The language in House Bill 3638 is designed to provide more access for patients and is a complement to the current processes in place. It is in addition to the current procedures used by providers today. Further, the medical exceptions process contained in Section 45.1 is consistent with federal guidelines and only applies to qualified health plans that sell insurance on the Exchange. Lastly, the language of the underlying bill as contained in Section 45.2 does change the prior approval process 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 to require an insurer to approve or deny a prior authorization request within a specified time frame to ensure that patients and their doctors receive a timely decision on their prior authorization request. This is a pro-consumer change.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler.
Thank you. Senator Kotowski, does House Bill 3638 allow therapeutic substitution in Illinois?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
No. Nothing in House Bill 3638 alters the Illinois Pharmacy Practice Act, nor the regulations implement that Act, nor the limitations placed on drug substitution established by that Act.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, Senator Kotowski, to close. The question is, shall House Bill 3638 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 Ayes, 3 Nays, 3 voting Present. House Bill 3638, having received the required constitutional majority, is declared passed. With the leave of -- with leave of the Body, we will return to page 8, House Bill 2897. Leader Harmon. Mr. -- Senator Harmon seeks leave of the Body to return House Bill 2897 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2897. Mr. Secretary, are there any Floor amendments approved for consideration? 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
Floor Amendment No. 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon, on your amendment.
Thank you, Mr. President. The amendment becomes the bill. I move for its adoption.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2897. Mr. Secretary, please read the bill.
House Bill 2897. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon, on your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The Cook County jail, as many of you know, is horribly overcrowded with thousands of people waiting there for days and weeks for even a preliminary hearing on probable cause. This issue caused some concern for some community groups, who began an effort to lower 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 the statutory number of days that a person can be held from thirty to ten. That's consistent with what other states were doing. That bill began to advance through the process, and in the course of our discussions, I asked why this was not a problem in any other county. The vast majority of these cases are drug cases where people wait for the State lab to return the results of -- of the drug tests, at the cost of a hundred and forty-three dollars a day to stay in the prison. No other county does this. They instead use field tests that cost about a -- a dollar and some change for each occurrence. This bill would create a pilot program in Cook County in two areas of Chicago to permit the use of field tests to establish probable cause. It is my belief that this will save potentially tens or twenties of millions of dollars each year by reducing the stay of people waiting for hearings. It has been supported by the Cook County State's Attorney, the Cook County Sheriff's Office, the Cook County Board President and others, and I ask for your support in advancing the pilot program out.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
I just want to make sure I understand this. This is asking the State to make an additional payment to pay for something that would be unique only to Cook County and we don't do this for any other county. Is that correct? 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon.
Thank you, Mr. President. No, Senator, it's -- it's not. The bill includes language saying that the State may appropriate money for the pilot program. It is not dependent upon that appropriation. We are talking about an appropriation likely of fifteen or twenty thousand dollars in order to save millions and millions of dollars - not only for the county, but also for the State. This would dramatically reduce the burden at the lab in processing field tests -- or processing drug tests for folks who are not even held over after a preliminary hearing. There's an immense savings possible. This is a very minimal cost, if we were to appropriate the money, and it will be done in order to -- to corral a variety of different governmental entities to do this quickly. That's all it is.
PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis.
That sounds pretty good, but is there anything that limits it to fifteen or twenty thousand dollars, or could that become five million or ten million later on?
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon.
Thank you, Mr. President. Senator, it's a one-year pilot program. We're talking about buying a few thousand field tests. There's nothing more to it and there is nothing in this bill on the appropriation other than language saying it would be permitted. 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, the question is, shall House Bill 2897 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 2897, having received the required constitutional majority, is declared passed. Senator Trotter, for what purpose do you rise?
Mr. President, I move to waive all notice and posting requirements so that House Bill 480 {sic} (4080) can be heard today in the Judiciary Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter moves to waive all notices and posting requirements so that House Bill 4080 can be heard today in the Senate Judiciary Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the notice -- posting requirements have been waived. Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Thank you, Mr. President. I move to waive all applicable Senate rules so that House Joint Resolution 72 can be heard in the Senate Committee on State Government and Veterans Affairs on Monday, May 26th, at 4 p.m. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator LaHood moves to waive all notices and posting requirements so that House Joint Resolution 72 can be heard on Monday, May 26th, at 4 p.m. in the Senate State Government 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Committee. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements are waived. With leave of the Body, we will go to page 22 on Postponed Consideration. House Bill 4207. Senator Silverstein. Mr. Secretary, please read the bill.
House Bill 4207. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) As the bill on the Order has already been presented and debated on the Floor, debate will -- on each side of the bill will be limited to one proponent and one opponent, each speaking. Senator Silverstein. Leader Silverstein.
Thank you, Mr. President. Senate Bill -- House Bill 4201 -- 4207 addresses a new and growing concern facing our children. Bullying is no longer happening on school grounds; it happens in the privacy of a child's home through social media and texting. Currently in Illinois, schools can only get involved in instances of bullying if it happens on school grounds or school properties. The legislation will allow the school to enact a bullying policy that it already has in place where cyber-bullying is brought to the attention of the school and the incident has an impact on the child's performance at school. This does not allow the school to monitor outside activities. The incident must be brought to the school's attention. If the incident is not within the school's purview, the school can provide a list of resources for the child or child's family where to seek help. I ask for a favorable roll 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 call.
PRESIDING OFFICER: (SENATOR LINK) Senator Luechtefeld.
You know, I don't -- I don't know how many people are listening, but I -- I do know that this is one that I can't help believing that many of you on both sides of the aisle have to have reservations about, about allowing school administrators to deal with bullying off campus. You know, this is something that should be turned over to local officials. And I really believe that deep down most of you feel the same way. Why do we want to get involved? And I know it's hard to vote against something that -- bullying. None of us like that. None of us really -- you know, we would fight it. We will do what we can. It -- it is -- it's certainly a popular issue now. We've had a number of those bills go through the Legislature; almost all of 'em passes, whether they're good or bad, because it is the thing to do. Really believe that this one goes too far. This is one that we -- we should not -- in good conscience, I -- and even school administrators - why does a school administrator really want to get involved in something like this? It just doesn't make sense. They have enough problems. Why should they be outside the school system on something that happens that really should be, and hopefully will be, handled, if properly reported, by local officials? This should be their job. School officials have enough to do. And they're just like you and I. You know, it -- they're against -- you know, they don't like bullying. If they're against it, it sounds like they are for bullying. Hopefully there will be enough people in this Legislature today to have enough courage to -- to finally, I think, 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 do the right thing. And I'm -- I'm -- I'm really hoping that the sponsor even does the right thing and -- and votes against this bill. So, again, we'll see what happens. Hopefully we can defeat a bill, I think, that makes some sense to defeat. So, thank you.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 4207 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 Ayes, 18 Nays, none voting Present. House Bill 4207, having received the required constitutional majority, is declared passed. With leave of the Body, we will be going back to page 17, House Bills 2nd Reading. House Bill 802. Senator Raoul. Mr. Secretary, please read the bill.
House Bill 802. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR LINK) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 924. Leader Harmon. House Bill 1152. Leader Muñoz. Leader Muñoz. Mr. Secretary, please read the bill.
97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 House Bill 1152. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LINK) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 1463. Senator Delgado. House Bill 2213. Leader Lightford. House Bill 3784. Senator Haine. Senator Haine. House Bill 4495. Senator Delgado. Mr. Secretary, please read the bill.
House Bill 4495. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 4496. Senator Jones. Senator Jones. House Bill 4561. Senator Bertino-Tarrant. Mr. Secretary, please read the bill.
House Bill 4561. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR LINK) 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 4691. Senator Hastings. Mr. Secretary, please read the bill.
House Bill 4691. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 4983. Senator Rose. House Bill 5397. Senator Delgado. House Bill 5547. President Cullerton. Mr. Secretary, please read the bill.
House Bill 5547. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Can we keep the noise down a little bit? Thank you. House Bill 5584. Leader Muñoz. Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 5584. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 5622. Senator Raoul. Mr. Secretary, please read the bill.
House Bill 5622. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LINK) Are there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR LINK) Senator Raoul, to explain your amendment.
The -- the amendment shortens the time the employer will have responsibility after the bill -- does -- makes a couple other changes.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. With leave of the Body, we will go back to House 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 Bill 5397. Senator Delgado. Mr. Secretary, please read the bill.
House Bill 5397. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
PRESIDING OFFICER: (SENATOR LINK) There any further Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR LINK) Senator Delgado, on your amendment.
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 to House Bill 5397 reinserts the provisions of the engrossed bill, but states that the physical fitness assessments shall be administered in grades three to twelve. The amendment also adds items that must be included in the report submitted by the physical fitness assessment task force established by the underlying bill. And I would ask for its adoption to move it to 3rd.
PRESIDING OFFICER: (SENATOR LINK) Is there -- is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 3rd Reading. House Bill 5701. Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 5701. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR LINK) Are there any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR LINK) Leader Muñoz, on your amendment. SENATOR MUÑOZ: Thank you, Mr. President. The amendment becomes the bill, which I'll explain on 3rd Reading. I'd ask for its adoption.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 5716. Senator Manar. Senator Manar. Mr. Secretary, please read the bill.
House Bill 5716. 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 5968. President Cullerton. Mr. Secretary, please read the bill.
House Bill 5968. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Will all Members at the sound of my voice come to the Senate Floor immediately? All Members at the sound of my voice please come to the Senate Floor immediately. We will go to Supplemental Calendar No. 1. Senate Joint Resolution Constitutional Amendment 75. Senator Steans, do you wish to proceed? Mr. Secretary, please read the resolution.
Senate Joint Resolution Constitutional Amendment 75, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on your resolution.
Yes, thank you, Mr. President, Members of the Senate. Senate Joint Resolution Constitutional Amendment 75 proposes to ratify the Equal Rights Amendment to the U.S. Constitution. The proposed text of the Constitution is, "Section 1. Equality of rights under law shall not be denied 103 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 or abridged by the United States or any State on account of sex. "Section 2. Congress shall have the power to enforce by appropriate legislation the provisions of this article." And "Section 3. This Amendment shall take effect two years after the date of ratification." Now, you know, Illinois is one of the states that never ratified the Equal Rights Amendment. While we do, in fact, provide for this right in the -- our State -- under our State Constitution, we've -- there's just no excuse not to vote for this and make sure that we have that same quality of protection on our -- under our nation's central founding document. I would very much urge an Aye vote that we really sort of rectify this historic wrong that we've done in Illinois and get this blemish off of our books. Would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
I think of myself as an extraordinarily strong women's rights advocate - and I sure do believe that my female constituents certainly know that to be true of me. I was a civic leader in my mayoral role and I am viewed as such in my Senatorial capacity as well. I continue my community leadership role serving on numerous human -- human service provider boards and volunteering for every local fundraiser, benefit, walk, run, bake sale, school program, 104 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 what have you. I believe women are equal to men, and as such, they deserve the same rights, access and opportunities. I am proud to be a Member of this General Assembly, noting that these rights are embedded in our State Constitution. But, Ladies and Gentlemen, let's be candid here - this resolution was introduced eight days ago, in the middle of the second to the last week of Session, in an election year. If this issue were a priority to this Body, with all due respect, admiration, great affection and acknowledgement of the sponsor's work ethic, this amendment would have been filed and worked much, much earlier. This action, this resolution is an absolute red herring, a distraction, a device I was taught how to use in my high school debate club. As Michael Douglas playing President Shepherd says in my one-time favorite - - movie, The American President: "We have serious problems to solve, and we need serious people to solve them." This amendment is not a serious problem here in the State of Illinois. I've already mentioned that our State's Constitution addresses well, very well, the rights of women. And let me note, no other state has addressed ratification since the original thirty-five ratified the amendment in or prior to 1977, and since then five have rescinded that ratification. This is a forty-year-old issue. It is older than my children. Why are we, as serious people, not directing our attention to addressing serious issues that will actually benefit Illinois women today? Serious issues like how much debt each woman in this State owes due to the fact that the State has so poorly managed taxpayer dollars and is billions of dollars in debt. Serious issues like how more people, including women, are moving out of Illinois than into Illinois. Serious issues like choosing between taking less pay or uprooting their 105 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 children and families, disrupting their lives and looking for work outside of Illinois. Serious issues like the State's unemployment rate, which particularly hurts women, who experience longer gaps between jobs after being laid off and who are less likely to find new jobs at all. Serious issues like how difficult it is for businesses, including women-owned businesses, to open and stay open in Illinois. Serious issues like the week's pay that has been taken away from working women every year. Serious issues like what the future of Illinois will look like for our grandchildren if we fail to address the real issues facing our State. It has been said that this is needed, this amendment, which actually isn't the case, but if it is true, why hasn't it been said that fiscal reform is needed, which will help women's issues more than anything in this State? If you want to support women and give them all the opportunities in the world, then enact better fiscal policies for them and for their children. Working women deserve better in Illinois. They deserve more than symbolism. They deserve what all Illinois citizens deserve - honest government that is actively working to put more people to work in well-paying jobs in a State that is living up to its best potential. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator McConnaughay, for what purpose do you rise? SENATOR McCONNAUGHAY: To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill -- to the resolution. SENATOR McCONNAUGHAY: Oh! Thank you. Thank you for that correction. We are 106 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 talking today about a failed amendment from forty years ago at a time while we have immediate issues that go unresolved here in Illinois, an outdated amendment that is older than many of our staffers or even some of our colleagues. And, please don't misunderstand. I am a dedicated advocate for women's rights and a beneficiary of those rights. I spent eight years as the first female-elected county board chair, and I now am incredibly proud to sit in this Chamber and serve as the representative of the people of the 33rd District. I'm incredibly grateful for the work done by women throughout history that have paved the way for myself and others to achieve the type of success that we have here today. I look at what we've accomplished in Illinois to ensure equality for all. The Illinois Equal Pay Act ensures that women are paid the same as men. Marriage equality became the law last year. Discrimination against women is prohibited in -- in the Illinois Human Rights Act and in the Illinois Constitution. This week, I was proud to -- to support Senator Hutchinson's legislation providing reasonable accommodation for pregnant women. While not perfect, we have done much since the 1980s to provide and ensure equality for all Illinois citizens. Women are smart, and we are keenly aware that the big issues facing the State, like the budget, and taxes, unemployment and education are the very same issues that pose the greatest threats to our families. Like many women, I am a mother and a wife. When I think about the issues I care about most, I think about how they affect my children and yours. I worry about issues like proper education funding for all of our children in Illinois. In a State with the third highest unemployment rate in the nation, I worry about making sure that our family members are able to find jobs and find jobs that won't 107 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 be shipped to another state. These are the kinds of issues -- the kinds of topics that women want us to discuss. I believe women in Illinois are far more interested in how we're going to pass a budget that allows a sixty-seven percent income tax hike to expire so that their families can have the week's pay that they've lost every year since 2011. They are more interested in their ability to put food on their table than they are in this amendment, where the issues are already addressed in the Illinois Constitution. We have heard that this is "symbolically important" to pass this amendment. Well, I think most women today would tell you that symbolic gestures can wait, but the real issues facing Illinois cannot. If we're really concerned about helping women, then can we please start addressing the issues that women are telling us that they actually care about today? I take equal rights for women incredibly seriously, but I can't stand and support what is amounted to nothing more than a political diversion. I will be voting Present. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Rezin, for what purpose do you rise?
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
I, too, would like to echo the comments made by my fellow Republican women colleagues. Let's be honest. This amendment was brought up to cover the record of an administration that has a poor fiscal record and also has created a weak economic climate in our State. In light of our fiscal situation at the moment, this 108 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 measure is nothing that should be our focus at this moment. But if we're going to apply our time and energy on this matter, let's look at the real issues facing women of the State. Over the past ten years under this leadership, Illinois has seen the highest women unemployment rate. Here are some facts. In 2013, Illinois had the sixth highest unemployment rate in America for women. At 8.2 percent, unemployment for women was over a full point higher than the national average unemployment for women at seven percent. If women are such a priority under this administration, why have those numbers increased? It was over forty years that the ERA passed Congress -- first passed Congress. In 1972, to put it in perspective, a gallon of gas was thirty-two -- or, thirty-two cents and a gallon of milk was a dollar twenty. The average cost of a house was thirty thousand dollars and The Godfather was the highest grossing movie that year. Moreover, as pointed out already by my colleagues, women's rights are already protected under our Constitution. Let's redirect our focus where it should be, getting women and men alike back to work, prioritizing rolling off the income tax increase, creating jobs and strengthening our funding for education. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Holmes, for what purpose do you rise?
To the resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
I -- I -- I have found this such an interesting discussion and I think as -- you know, what -- we as women legislators tend 109 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 to -- to get along very well together, so I find it interesting that three of the four women legislators on that side of the aisle decided to stand up and speak. But to speak against this resolution, I find somewhat fascinating. I'm very fortunate as a child of the sixties to have been raised by a father who told me I could be anything I wanted to be and do anything I wanted to do and the difference between men and women didn't matter. That's an important lesson for a young girl to learn. However, while we sit here and talk about this legislation being purely -- this resolution being purely symbolic, it really isn't. Because at the same point this is being brought up, we're hearing the women on that side say we should be addressing important issues because there is inequality still. Women are making less than men. We're told we should be focused on the budget because that's taking a week's paycheck out of our income for the year. By the way, women are making that week's paycheck less than men. Still now, years, decades after we had an Equal Rights Amendment. So, no, this is not symbolic. This is important. This is important for us to make sure it stays at the forefront until we, as women, really do achieve what we need to achieve, which is equality. And I want to make sure we don't forget that and get it lost in a little playing politics; that because we're doing this now and we have other important things to do, it's not important. We're not standing up here judging every single bill that's brought up and saying, "It's not the budget; this isn't important." If that was the case, well, damn it, throw out the Calendar, because nothing else is important right now but the budget. That is not the only thing we do here that is important. I urge everybody in this Chamber to vote Aye on this piece of legislation that is truly - you're right - it is 110 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 decades late. Well, let's just resolve that now. Get it done and vote Aye.
PRESIDING OFFICER: (SENATOR LINK) Senator Hutchinson, for what purpose do you rise?
To the resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
Thank you, Members of the Senate. I -- I, too, echo my colleague, Linda Holmes, in her -- her conversation about how it's odd that we are having a conversation today about equal rights for women and then we hear the speeches by women on the other side of the aisle that say that this is symbolic and political in nature and that we do not need this. I could not disagree more. The fact that we are having this conversation in 2014, as I've just celebrated my forty-first birthday, means for my entire life we've had to stand and debate whether or not our issues are important enough to be dealt with or enshrined in our United States -- in our United States Constitution. In short, we need this because we don't have it yet. So while people assume that this is something that we all believe, that men and women are created equally, then why is it that we still make less than a man for comparable work? Why is it that when we raise this -- this point, that we're met with opposition as to, you know, women are concerned about more important things like taking care of their families and being able to, you know, provide for those that they love? Understanding that women today make up more than half of the population and half of the work force, and in sixty-four/sixty-five percent of the 111 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 cases, they are the breadwinners or the co-breadwinners in their -- in their homes, what we do and who we are is important in our society, in every Chamber in every state legislative house across the country. So to stand here in 2014 and say that this is unnecessary, while we are living, some of us, with the very benefits of what the women's rights stood for in the first place, which was the ability to live a full and productive life just like a man, that we even still have to have this debate today in 2014 is absolutely amazing to me at forty-one years old, because I understand that I stand here right now, I am in this Chamber right now, as a legacy of the fights of the women's movement as well as the fights of the civil rights movement. I am a legacy and a product of both. And because it's enshrined in our Illinois Constitution, I expect and I will teach my daughter to expect, and not only my daughter, my sons to expect that these rights be protected and afforded to every woman who lives in the United States no matter what state she lives in so that it's not just enshrined state by state in each individual legislative house, but it becomes enshrined in our United States Constitution, which is something we all swore to stand up and -- and uphold, and to protect, and to defend. So aren't our rights just as important as anybody else's? Don't -- doesn't the measure of our lives stand up to everyone else's? At what point are we going to look at half of our society and say, "I'm sorry. That's just not important enough to deal with right now"? We've been saying that for decades, upon decades, upon decades. And, yes, I just turned forty-one, which means for my entire life people in statehouses, or at least in the last few states that didn't ratify this amendment, said that that's just not that important right now. 112 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 It's 2014. When will it become important? When will our lives become important enough to deal with right now? I would respectfully urge an Aye vote - not because we're going to get ready for the next election, but because we are doing this for the next generation. Please vote Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Raoul, for what purpose do you rise?
To the resolution.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
Mr. President, Ladies and Gentlemen of the Senate. I -- as many of you-all know, I'm -- I -- I'm raising two children. I've got a son and I've got a daughter. I encourage them both everyday as they go to school to work hard and to earn the best grades that they can grade -- that -- that -- that they can earn. I hold them both responsible to work hard to set them up for future careers of their choice. And my two children argue amongst them as to whether there's preferential treatment from either myself or their mother. My daughter just happens to be the younger one and so she argues that sometimes her older brother gets privileges because she's a girl. And I assure her, when I look her in the eyes, that I don't want to treat her that way, I want her to work hard, and as I encourage her to work hard, she will be rewarded. She will be rewarded not just in our household, but at school because her studying will reflect in better grades. But you're studying to set yourself up for the future, so when you're working, you won't be treated differently from your brother. But if we're so hesitant 113 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 to enshrine this in -- in our U.S. Constitution, I don't know whether I'm telling my daughter the truth. And we shouldn't be uncomfortable about allowing our children to see, as they study the Constitution in their civics class, that we embrace treating the boys and girls and the women and the men the same if they work as hard, or if, quite frankly, if a woman or a girl outworks the boy, they should be rewarded up above that man or that boy. And so I want to be able to tell my daughter that everything that I'm doing to encourage her to work hard that -- that if she's -- that -- that she will be rewarded the same as her brother would for working to that same extent. So I urge every Member of this Chamber to support this resolution.
PRESIDING OFFICER: (SENATOR LINK) Senator Sandoval, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
Resolution. I rise in support of Resolution 75. It's not very complicated, men. We were all beget by a woman. It's that simple. None of you would have gotten elected if it weren't for your mother. Most of us go home to a woman, our wives, or our girlfriends. Some don't. I'm going to go home to my wife. I look forward to going home and spending time with my wife. I look forward to spending time with my two daughters. It is a farce, ridiculous and offensive that in 2014 the amendment, the ERA, is being debated on the Floor of the Illinois Senate. I hope someday -- one of the greatest moments that I had in my life was in 2008 114 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 and 2012. I can't recall what election it was anymore, 'cause it just seems so far away, but I remember when Sarah Palin and Hillary Clinton were running for office and I remember sitting at the kitchen table sharing with my two daughters, my eighteen-year-old and my thirteen-year-old, that my dream was that -- live long enough to see a woman in the White House. And you know, for the first time in history, we had women running for the two highest offices of the land - Sarah Palin for Vice President of the United States and Hillary Clinton for President of the United States. An historic moment in all our lives. Well, it didn't quite happen, but it doesn't mean that it won't happen. I still live and hope to live to see the day that we elect a woman to the White House. Quite honestly, I think they'd probably do a better job. I hope it's in my lifetime that we pass the ERA amendment, or pass the - - amend the Constitution, because if you truly want to live the meaning of the Constitution by -- that governs this country, equal rights for all, well, then, it should be for all and not just for a few men. It should include women. I vote Aye and expect every single man in this Chamber to vote for this resolution.
PRESIDING OFFICER: (SENATOR LINK) Leader Radogno, for what purpose do you rise?
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR LINK) To the resolution.
Well, thank you. I'm glad that we're having this discussion, but, I'll tell you, I have to question the seriousness of it for a number of reasons, starting first with a procedural reason. And 115 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 that is, there appears to be a legitimate disagreement as to how to pass this particular resolution, and we are departing from previous practice of both Chambers on passing Constitutional Amendments by not having the required three readings. So by diverting from that precedent, we are offering yet another opportunity to challenge that. It would have been so simple to follow past precedent and remove one more impediment to this becoming law, if, in fact, we were serious about it. Just for the context of the rest of my remarks, I am voting in favor of this. I'm for it. There are a number of Republicans who are for this, but when you look at the procedures, it's difficult not to come back to the question of why are we doing this and why are we doing it now. The fact to the matter is, Governor Quinn asked the Senator to sponsor this amendment. The Democrats have now been in control for four thousand one hundred and fifty-two days and it comes up ten days before adjournment, skirting the appropriate procedures. That screams out to me that this is a diversion tactic, and that has been addressed. But I wish I saw the same passion and outrage that I'm hearing for the other proponents of this bill about women's rights, about the -- the injustice of the fact that every single little girl and boy, for that matter, born today owes ten thousand dollars as part of the State debt. That's terrible. We have terrible unemployment. We have another Governor under federal investigation. And isn't this a convenient thing for us to be talking about, and rah-rah and passion, when it clearly, based on so many things, is not a serious attempt? The very least of which is that this is a forty-year-old issue. So, in summation, I'm for the amendment, but, frankly, I resent the fact that women are being used in this debate. We're being used 116 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 as pawns to -- to divert attention from a pretty abysmal record going into an election year. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, to close.
Thank you, Mr. President, Members of the Senate. You know, the claim that this does not matter to women is just absurd. The Constitution does not explicitly guarantee the right to protection that are held equally by all citizens without regard to gender. Just simply does not. As recently as 2010, Supreme Court Justice Antonin Scalia said in an interview, quote, "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it" prohibited -- "prohibits it. It doesn't.", end quote. The ERA would provide a clearer and stricter judicial standard for deciding the cases of sex discrimination and make it provide blanket protection - once and for all, make it indisputable that women do, in fact, have equal protections under the law and included as the same level of constitutional scrutiny as all other protections under the law. This also would provide incredibly important protections against the rollbacks we're seeing across the country in various states in the advances we've had towards women rights. Many states are rolling these back. We need these kind of constitutional protections at the national level to ensure this does not keep happening. We also have a hard time combating the ongoing economic inequalities in this country. Currently, women -- white women make only seventy-seven cents on the dollar of man. African-American women make sixty-five cents on every dollar a man does and Latinas make only fifty-five cents for every dollar a man does. So, we talk about what women and our 117 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 baby girls are actually owing to pay back in debt, maybe we could first make sure we're actually paying them equally so they could even afford to pay back some of that debt. This is not -- you know, people talked a lot about timing on this, it's disingenuous. The fact of the matter is, we heard that a lot when we've been -- anytime we sort of push forward on equality issues here in the Senate, we get push-back that it's a distraction. I do believe we can be taking on and tackling the fiscal stability of the State at the same time we're making sure we have fundamental basic rights available to every single person in this State. For those who claim that this is something just symbolic, you know, I don't think there's anything symbolic about each one of us deciding how we cast our vote in favor for or against basic equality between men and women. I think our constituents at a minimum have a right to know where each one of us stands on this fundamental right and principle. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Pursuant to Senate Rule 6-3, a three-fifths vote is required. The question is, shall Senate Joint Resolution Constitutional Amendment 75 pass. All those in favor will say Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 Ayes, 11 Nays, 6 voting Present. Senate Joint Resolution Constitutional Amendment 75, having received the required -- having received the required constitutional majority, is adopted and declared ratified. I want to remind all people, Judiciary will meet immediately upon adjournment. There being no further business to come before the Senate, the Senate stands adjourned till the hour of 10 a.m. on the 23rd day of May, 2014. 118 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day 5/22/2014 The Senate stands adjourned. 119